The man who sustained a severe brain injury from being repeatedly tortured and sexually assaulted by Dustin Paxton faced his attacker for the first time on Wednesday and told him of the devastating effects to his life.

DL, now 29, said in his victim impact statement at Paxton’s dangerous offender hearing that he lives in a perpetual state of confusion and fear, which is very frustrating and scary for him.

“I have to live the rest of my life with scars, memories and a severe brain injury,” said DL, then Paxton’s roommate and business partner who cannot be named because of a court order. “I don’t want to live the rest of my life in fear, too. I want to make sure that nobody else ever has to suffer like me.”

The victim testified early in the trial two years ago about the repeated beatings, but was then protected from seeing Paxton by a screen placed between him in the witness box and Paxton in the prisoner’s box.

DL, on this occasion, showed no signs of the fear that had enveloped him and confidently read his statement. Paxton, meanwhile, smirked while it was being read by his victim.

“I have very strong anxiety every day since I was assaulted and sexually assaulted,” said DL, flanked by two of his sisters while he read his statement. “I take special medication twice a day to keep my stress levels under control. I have been diagnosed with post-traumatic stress disorder. I have seen a number of psychologists and a psychiatrist to deal with this.

“Some of my PTSD symptoms are upsetting thoughts and flashbacks of the assaults, becoming very anxious when I see dog leashes, extension cords, canes and other normal household objects, talking about what happened, and anything else that reminds me about what Paxton did to me, over and over again.”

Crown prosecutors Joe Mercier, Julie Morgan and Nadia Tejpar are trying to have Paxton, 33, declared a dangerous offender and be sentenced to an indeterminate prison term for the aggravated assaults and sexual assaults against DL in 2008 and 2009 in Regina and Calgary.

If Paxton is not sentenced as they believe he should be, they say he should get 15 to 18 years and be subjected to a strict 10-year long-term sentence order in the community after his release.

None of the lawyers for either side would comment following the conclusion of the hearing, set over by Court of Queen’s Bench Justice Sheilah Martin to Nov. 1 to set a date for sentencing.

When given an opportunity to speak to court by the judge, Paxton made no apologies for his actions. Instead, he chose to talk about himself.

“It’s been an extremely long process during which I’ve been given the opportunity to work with several professionals,” he said. “I’ve learned a lot about myself. I have a better understanding and working with them I’ll be a better person.

“I want to continue counselling and programs that are essential to my rehabilitation.”

‘Some of my PTSD symptoms are upsetting thoughts and flashbacks of the assaults, becoming very anxious when I see dog leashes, extension cords, canes and other normal household objects’

Paxton has never admitted to any of the offences against DL or against another roommate and employee at his trucking company, though he was convicted of assault in both cases. DL also told court that because of the brain injury he has physical limitations and has been unable to work. He also said he has to live with his parents and that his mother does all his organizing. He said he needs a lot of help to get to his sheltered workshop, therapies and any other place he needs to go.

“I had trouble sleeping during the time I was assaulted. My psychologist said I turned off my emotions to protect myself. Now it is hard for me to feel emotions,” he added.

On Tuesday, during final arguments, Morgan said Paxton is so violent and untreatable, his offences were brutal, there is a pattern to his criminal conduct, he is a high risk to reoffend and difficult to treat.

She said he gets angry and frustrated over minor transgressions. She said he intimidates and threatens to gain compliance and his assaults are brutal and severe, involving gratuitous, extreme violence, creating circumstances so that the two grown men would do what he wanted when he wanted.

Lutz, conversely, said there is a lack of a pattern required to have Paxton be given the rare designation as a dangerous offender.

He said Paxton, who has been in segregation at Calgary Remand Centre virtually since he was arrested on Aug. 26, 2010, does not meet the threshold for either dangerous or long-term offender.

“The evidence falls well short of what the court should consider in this application,” said Lutz. “There’s no evidence to support it. Paxton has no prior history. He has 44 convictions, mostly property offences but including six assaults, in 20 years. All assaults were minor and do not support a pattern required to be a dangerous offender.”